California 2017-2018 Regular Session

California Senate Bill SB881 Compare Versions

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Version 2 (New)

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1		-	Senate Bill No. ~~881 CHAPTER 685~~ An act to add Section 12749.99 to the Water Code, relating to flood control. ~~[ Approved by Governor September 22, 2018. Filed with Secretary of State September 22, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 881, Wieckowski. Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project.Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid. This bill would authorize the state to provide subvention funds, as prescribed, to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12749.99 is added to the Water Code, to read:12749.99. (a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, as follows:(1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.(b) The state assumes no liability for damages that may result from the project by either of the following:(1) Authorizing the provision of subvention funds in accordance with this section.(2) The appropriation by the Legislature of the subvention funds upon the recommendations and advice of the department.(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for the project.(d) For the purposes of this section, liability for damages includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.
	1	+	Enrolled September 05, 2018 Passed IN Senate August 30, 2018 Passed IN Assembly August 28, 2018 Amended IN Assembly August 23, 2018 Amended IN Assembly June 19, 2018 Amended IN Senate April 03, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 881Introduced by Senator Wieckowski(Coauthor: Senator Hill)(Coauthors: Assembly Members Berman, Caballero, and Chu)January 11, 2018 An act to add Section 12749.99 to the Water Code, relating to flood control. LEGISLATIVE COUNSEL'S DIGESTSB 881, Wieckowski. Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project.Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid. This bill would authorize the state to provide subvention funds, as prescribed, to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12749.99 is added to the Water Code, to read:12749.99. (a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, as follows:(1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.(b) The state assumes no liability for damages that may result from the project by either of the following:(1) Authorizing the provision of subvention funds in accordance with this section.(2) The appropriation by the Legislature of the subvention funds upon the recommendations and advice of the department.(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for the project.(d) For the purposes of this section, liability for damages includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.
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3		-	Senate Bill No. 881 CHAPTER 685 An act to add Section 12749.99 to the Water Code, relating to flood control. [ Approved by Governor September 22, 2018. Filed with Secretary of State September 22, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 881, Wieckowski. Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project.Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid. This bill would authorize the state to provide subvention funds, as prescribed, to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled September 05, 2018 Passed IN Senate August 30, 2018 Passed IN Assembly August 28, 2018 Amended IN Assembly August 23, 2018 Amended IN Assembly June 19, 2018 Amended IN Senate April 03, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 881Introduced by Senator Wieckowski(Coauthor: Senator Hill)(Coauthors: Assembly Members Berman, Caballero, and Chu)January 11, 2018 An act to add Section 12749.99 to the Water Code, relating to flood control. LEGISLATIVE COUNSEL'S DIGESTSB 881, Wieckowski. Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project.Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid. This bill would authorize the state to provide subvention funds, as prescribed, to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	4	+
	5	+	Enrolled September 05, 2018 Passed IN Senate August 30, 2018 Passed IN Assembly August 28, 2018 Amended IN Assembly August 23, 2018 Amended IN Assembly June 19, 2018 Amended IN Senate April 03, 2018
	6	+
	7	+	Enrolled September 05, 2018
	8	+	Passed IN Senate August 30, 2018
	9	+	Passed IN Assembly August 28, 2018
	10	+	Amended IN Assembly August 23, 2018
	11	+	Amended IN Assembly June 19, 2018
	12	+	Amended IN Senate April 03, 2018
	13	+
	14	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	16		Senate Bill No. 881
6		-	CHAPTER 685
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	18	+	Introduced by Senator Wieckowski(Coauthor: Senator Hill)(Coauthors: Assembly Members Berman, Caballero, and Chu)January 11, 2018
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	20	+	Introduced by Senator Wieckowski(Coauthor: Senator Hill)(Coauthors: Assembly Members Berman, Caballero, and Chu)
	21	+	January 11, 2018
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8	23		An act to add Section 12749.99 to the Water Code, relating to flood control.
9		-
10		-	[ Approved by Governor September 22, 2018. Filed with Secretary of State September 22, 2018. ]
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12	25		LEGISLATIVE COUNSEL'S DIGEST
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14	27		## LEGISLATIVE COUNSEL'S DIGEST
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16	29		SB 881, Wieckowski. Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project.
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18	31		Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid. This bill would authorize the state to provide subvention funds, as prescribed, to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified.
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20	33		Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid.
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22	35		This bill would authorize the state to provide subvention funds, as prescribed, to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified.
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24	37		## Digest Key
25	38
26	39		## Bill Text
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28	41		The people of the State of California do enact as follows:SECTION 1. Section 12749.99 is added to the Water Code, to read:12749.99. (a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, as follows:(1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.(b) The state assumes no liability for damages that may result from the project by either of the following:(1) Authorizing the provision of subvention funds in accordance with this section.(2) The appropriation by the Legislature of the subvention funds upon the recommendations and advice of the department.(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for the project.(d) For the purposes of this section, liability for damages includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.
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30	43		The people of the State of California do enact as follows:
31	44
32	45		## The people of the State of California do enact as follows:
33	46
34	47		SECTION 1. Section 12749.99 is added to the Water Code, to read:12749.99. (a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, as follows:(1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.(b) The state assumes no liability for damages that may result from the project by either of the following:(1) Authorizing the provision of subvention funds in accordance with this section.(2) The appropriation by the Legislature of the subvention funds upon the recommendations and advice of the department.(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for the project.(d) For the purposes of this section, liability for damages includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.
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36	49		SECTION 1. Section 12749.99 is added to the Water Code, to read:
37	50
38	51		### SECTION 1.
39	52
40	53		12749.99. (a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, as follows:(1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.(b) The state assumes no liability for damages that may result from the project by either of the following:(1) Authorizing the provision of subvention funds in accordance with this section.(2) The appropriation by the Legislature of the subvention funds upon the recommendations and advice of the department.(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for the project.(d) For the purposes of this section, liability for damages includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.
41	54
42	55		12749.99. (a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, as follows:(1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.(b) The state assumes no liability for damages that may result from the project by either of the following:(1) Authorizing the provision of subvention funds in accordance with this section.(2) The appropriation by the Legislature of the subvention funds upon the recommendations and advice of the department.(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for the project.(d) For the purposes of this section, liability for damages includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.
43	56
44	57		12749.99. (a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, as follows:(1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.(b) The state assumes no liability for damages that may result from the project by either of the following:(1) Authorizing the provision of subvention funds in accordance with this section.(2) The appropriation by the Legislature of the subvention funds upon the recommendations and advice of the department.(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for the project.(d) For the purposes of this section, liability for damages includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.
45	58
46	59
47	60
48	61		12749.99. (a) The state may provide subvention funds in accordance with Section 12585.7 to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, that is authorized by Section 1401 of the federal Water Infrastructure Improvements for the Nation Act (Public Law 114-322) and that is substantially in accordance with the recommendations of the Chief of Engineers of the United States Army Corps of Engineers Report, dated December 18, 2015, as follows:
49	62
50	63		(1) At an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendations and advice of the department.
51	64
52	65		(2) Upon a specific written determination by the department that the project meets the requirements of Section 12582.7.
53	66
54	67		(b) The state assumes no liability for damages that may result from the project by either of the following:
55	68
56	69		(1) Authorizing the provision of subvention funds in accordance with this section.
57	70
58	71		(2) The appropriation by the Legislature of the subvention funds upon the recommendations and advice of the department.
59	72
60	73		(c) The Santa Clara Valley Water District may receive the subvention funds only if it enters into an agreement with the department pursuant to which the district agrees to indemnify and hold and save harmless the state, its officers, agents, and employees for any and all liability for damages that may result from the project, except for liability for damages resulting from activities the State Coastal Conservancy undertakes or manages, in whole or in part, for the project.
61	74
62	75		(d) For the purposes of this section, liability for damages includes, but is not limited to, liability for damages relating to the construction or operation of the project or the failure of the project to operate as intended.